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FOSTER v. CITY OF AUGUSTA

Nos. 38,898, 38,892

174 Kan. 324 (1953)

256 P.2d 121

IRA M. FOSTER, LAURANCE L. WILSON, and M.S. LOOMIS, Appellees and Cross-Appellants, v. THE CITY OF AUGUSTA, KANSAS, a Municipal Corporation, Appellant and Cross-Appellee. CATHERINE CARTER, Appellant, v. THE CITY OF AUGUSTA, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1953.

Attorney(s) appearing for the Case

R.A. Monroe, of Augusta, and George J. Benson, of El Dorado, argued the cause, and were on the briefs for the appellant and cross-appellee in case No. 38,898, and for appellee in case No. 38,892.

John F. Eberhardt, of Wichita, argued the cause, and J.B. McKay of El Dorado, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Robert C. Foulston, and Malcolm Miller, all of Wichita, were with him on the briefs for the appellees and cross-appellants in case No. 38,898, and for appellant in case No. 38,892.

The opinion of the court was delivered by

WERTZ, J.:

These consolidated four cases are the fourth appearance in this court involving the parties in their actions to recover damages from the City of Augusta alleged to have resulted to their property by reason of the construction of a flood control levee under G.S. 1949, 12-635 et seq. The legal and factual background of these consolidated appeals is set forth in our three former opinions in Loomis...

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